II 

118TH CONGRESS 

2D SESSION S. 5110 

To clarify the country of origin of certain articles imported into the United 

States for purposes of certain trade enforcement actions. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2024 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To clarify the country of origin of certain articles imported 

into the United States for purposes of certain trade 

enforcement actions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stopping Adversarial 

5 Tariff Evasion Act’’. 


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1 SEC. 2. CLARIFICATION OF COUNTRY OF ORIGIN CRITERIA 

2 FOR ENFORCEMENT ACTION UNDER TRADE 

3 AGREEMENTS OR IN RESPONSE TO CERTAIN 

4 FOREIGN TRADE PRACTICES. 

5 Section 301(d) of the Trade Act of 1974 (19 U.S.C. 

6 2411(d)) is amended by adding at the end the following: 

7 ‘‘(10)(A) Any action taken by the Trade Rep8 resentative under this section, with respect to a for9 eign adversary country, shall apply to any article 

10 that is produced, manufactured, or that underwent 

11 final assembly by a foreign adversary party or an 

12 entity owned, controlled, directed, or operated by a 

13 foreign adversary party, as if such article originated 

14 in the foreign adversary country. 

15 ‘‘(B) In this paragraph: 

16 ‘‘(i) The term ‘control’ has the meaning 

17 given that term in section 800.208 of title 31, 

18 Code of Federal Regulations (as in effect on the 

19 date of the enactment of the Stopping Adver20 sarial Tariff Evasion Act). 

21 ‘‘(ii) The term ‘entity owned, controlled, 

22 directed, or operated by a foreign adversary 

23 party’ includes any entity for which, on any 

24 date during the most recent 12-month period, 

25 not less than 25 percent of the equity interests 

26 in such entity are held directly or indirectly by 


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1 1 or more foreign adversary parties including 

2 through— 

3 ‘‘(I) interests in co-investment vehi4 cles, joint ventures, or similar arrange5 ments; or 

6 ‘‘(II) a derivative financial instrument 

7 or contractual arrangement between the 

8 entity and a foreign adversary party, in9 cluding any such instrument or contract 

10 that seeks to replicate any financial return 

11 with respect to such entity or interest in 

12 such entity. 

13 ‘‘(iii) The term ‘foreign adversary country’ 

14 means any of the following: 

15 ‘‘(I) The People’s Republic of China. 

16 ‘‘(II) The Russian Federation. 

17 ‘‘(III) The Islamic Republic of Iran. 

18 ‘‘(IV) The Democratic People’s Re19 public of Korea. 

20 ‘‘(V) The Republic of Cuba. 

21 ‘‘(VI) The Bolivarian Republic of Ven22 ezuela during any period of time during 

23 which Nichola ́s Maduro is President of the 

24 Republic. 

25 ‘‘(VII) The Syrian Arab Republic. 


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1 ‘‘(iv) The term ‘foreign adversary party’ 

2 means any of the following: 

3 ‘‘(I) The government of a foreign ad4 versary country, including any agency, gov5 ernment instrumentality, official, or agent 

6 of such a government. 

7 ‘‘(II) Any entity organized under the 

8 laws of a foreign adversary country (or any 

9 political subdivision thereof). 

10 ‘‘(III) Any entity the headquarters of 

11 which is located within a foreign adversary 

12 country. 

13 ‘‘(IV) Any entity substantively in14 volved in the industrial policies or military15 civil fusion strategy of the People’s Repub16 lic of China, including by accepting fund17 ing from, performing a service for, or re18 ceiving a subsidy from the People’s Repub19 lic of China related to such policies or 

20 strategy.’’. 

21 SEC. 3. CLARIFICATION OF COUNTRY OF ORIGIN CRITERIA 

22 FOR ENFORCEMENT ACTION BY PRESIDENT 

23 AFTER DETERMINATION OF IMPORT INJURY. 

24 Section 203 of the Trade Act of 1974 (19 U.S.C. 

25 2253) is amended by adding at the end the following: 


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1 ‘‘(h) APPLICATION OF ACTION TO FOREIGN ADVER2 SARY PARTIES.—(1) Any action taken under this section 

3 shall apply to any article that is produced, manufactured, 

4 or that underwent final assembly by a foreign adversary 

5 party or an entity owned, controlled, directed, or operated 

6 by a foreign adversary party, as if such article originated 

7 in a foreign adversary country. 

8 ‘‘(2) In this subsection: 

9 ‘‘(A) The term ‘control’ has the meaning given 

10 that term in section 800.208 of title 31, Code of 

11 Federal Regulations (as in effect on the date of the 

12 enactment of the Stopping Adversarial Tariff Eva13 sion Act). 

14 ‘‘(B) The term ‘entity owned, controlled, di15 rected, or operated by a foreign adversary party’ in16 cludes any entity for which, on any date during the 

17 most recent 12-month period, not less than 25 per18 cent of the equity interests in such entity are held 

19 directly or indirectly by 1 or more foreign adversary 

20 parties including through— 

21 ‘‘(i) interests in co-investment vehicles, 

22 joint ventures, or similar arrangements; or 

23 ‘‘(ii) a derivative financial instrument or 

24 contractual arrangement between the entity and 

25 a foreign adversary party, including any such 


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1 instrument or contract that seeks to replicate 

2 any financial return with respect to such entity 

3 or interest in such entity. 

4 ‘‘(C) The term ‘foreign adversary country’ 

5 means any of the following: 

6 ‘‘(i) The People’s Republic of China. 

7 ‘‘(ii) The Russian Federation. 

8 ‘‘(iii) The Islamic Republic of Iran. 

9 ‘‘(iv) The Democratic People’s Republic of 

10 Korea. 

11 ‘‘(v) The Republic of Cuba. 

12 ‘‘(vi) The Bolivarian Republic of Venezuela 

13 during any period of time during which 

14 Nichola ́s Maduro is President of the Republic. 

15 ‘‘(vii) The Syrian Arab Republic. 

16 ‘‘(D) The term ‘foreign adversary party’ means 

17 any of the following: 

18 ‘‘(i) The government of a foreign adversary 

19 country, including any agency, government in20 strumentality, official, or agent of such a gov21 ernment. 

22 ‘‘(ii) Any entity organized under the laws 

23 of a foreign adversary country (or any political 

24 subdivision thereof). 


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1 ‘‘(iii) Any entity the headquarters of which 

2 is located within a foreign adversary country. 

3 ‘‘(iv) Any entity substantively involved in 

4 the industrial policies or military-civil fusion 

5 strategy of the People’s Republic of China, in6 cluding by accepting funding from, performing 

7 a service for, or receiving a subsidy from the 

8 People’s Republic of China related to such poli9 cies or strategy.’’. 

10 SEC. 4. CLARIFICATION OF COUNTRY OF ORIGIN CRITERIA 

11 FOR ENFORCEMENT ACTION TO SAFEGUARD 

12 NATIONAL SECURITY. 

13 Section 232(c) of the Trade Expansion Act of 1962 

14 (19 U.S.C. 1862(c)) is amended by adding at the end the 

15 following: 

16 ‘‘(4)(A) Any action taken by the President 

17 under paragraph (1) shall apply to any article that 

18 is produced, manufactured, or that underwent final 

19 assembly by a foreign adversary party or an entity 

20 owned, controlled, directed, or operated by a foreign 

21 adversary party, as if such article originated in a 

22 foreign adversary country. 

23 ‘‘(B) For the purposes of this paragraph the 

24 following definitions apply: 


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1 ‘‘(i) The term ‘control’ has the meaning 

2 given that term in section 800.208 of title 31, 

3 Code of Federal Regulations (as in effect on the 

4 date of the enactment of the Stopping Adver5 sarial Tariff Evasion Act). 

6 ‘‘(ii) The term ‘entity owned, controlled, 

7 directed, or operated by a foreign adversary 

8 party’ includes any entity for which, on any 

9 date during the most recent 12-month period, 

10 not less than 25 percent of the equity interests 

11 in such entity are held directly or indirectly by 

12 1 or more foreign adversary parties including 

13 through— 

14 ‘‘(I) interests in co-investment vehi15 cles, joint ventures, or similar arrange16 ments; or 

17 ‘‘(II) a derivative financial instrument 

18 or contractual arrangement between the 

19 entity and a foreign adversary party, in20 cluding any such instrument or contract 

21 that seeks to replicate any financial return 

22 with respect to such entity or interest in 

23 such entity. 

24 ‘‘(iii) The term ‘foreign adversary country’ 

25 means any of the following: 


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1 ‘‘(I) The People’s Republic of China. 

2 ‘‘(II) The Russian Federation. 

3 ‘‘(III) The Islamic Republic of Iran. 

4 ‘‘(IV) The Democratic People’s Re5 public of Korea. 

6 ‘‘(V) The Republic of Cuba. 

7 ‘‘(VI) The Bolivarian Republic of Ven8 ezuela during any period of time during 

9 which Nichola ́s Maduro is President of the 

10 Republic. 

11 ‘‘(VII) The Syrian Arab Republic. 

12 ‘‘(iv) The term ‘foreign adversary party’ 

13 means any of the following: 

14 ‘‘(I) The government of a foreign ad15 versary country, including any agency, gov16 ernment instrumentality, official, or agent 

17 of such a government. 

18 ‘‘(II) Any entity organized under the 

19 laws of a foreign adversary country (or any 

20 political subdivision thereof). 

21 ‘‘(III) Any entity the headquarters of 

22 which is located within a foreign adversary 

23 country. 

24 ‘‘(IV) Any entity substantively in25 volved in the industrial policies or militaryVerDate Sep 11 2014 03:03 Sep 26, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5110.IS S5110

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1 civil fusion strategy of the People’s Repub2 lic of China, including by accepting fund3 ing from, performing a service for, or re4 ceiving a subsidy from the People’s Repub5 lic of China related to such policies or 

6 strategy.’’. 

Æ 


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